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RULE 26
Form
261 Initial Disclosure.
262 Privilege Log.
263 Request by Party for Previous Statement.
264 Request by Nonparty for Previous Statement.
265 Motion by Nonparty for Statement Made by Nonparty.
266 Notice and Motion for Protective Order.
267 Notice of Motion for Order Prohibiting Taking of Deposition.
268 Order to Show Cause Why Notice of Deposition Should Not Be Vacated.
269 Motion Requiring Defendants to Bear Cost for Appearance and Deposition of Defense Expert Witnesses.
2610 Order that Deposition upon Oral Examination Not Be Taken.
2611 Motion for Discovery Guidance.
2612 Order to Quash Notice to Take Depositions and Subpoenas.
2613 Motion to Stay Discovery Proceedings and for Continuance of Action.
2614 Motion to Stay All Discovery Pending Resolution of Certain Motions Submitted Pursuant to Stipulation.
2615 Motion to Stay Taking of Deposition.
2616 Motion to Enlarge (or Shorten) Time of Notice of Taking of Deposition.
2617 Notice of Motion that Place of Taking Oral Examination Be Changed.
2618 Order Changing Place of Deposition Upon Oral Examination.
2619 Motion for Protective Order Limiting Scope of Deposition Upon Oral Examination.
2620 Order Limiting Scope of Oral Examination.
2621 Supplementation of Response to Interrogatory.
2622 Proposed Discovery Plan.
RULE 27
271 Petition for Order to Perpetuate Testimony by Deposition Before Action.
272 Notice of Petition for Order to Take Deposition Before Action to Perpetuate Testimony.
273 Order to Take Depositions to Perpetuate Testimony Before Action.
274 Notice to Take Deposition Before Action to Perpetuate Testimony.
275 Motion to Perpetuate Testimony Pending Appeal.
276 Order Granting Leave to Perpetuate Testimony Pending Appeal.
277 Notice of Taking of Deposition to Perpetuate Testimony Pending Appeal.
RULE 28
281 Motion to Appoint Person Before Whom Deposition May Be Taken.
282 Order Appointing Person Before Whom Deposition May Be Taken.
283 Notice of Taking of Foreign Depositions Before Official.
284 Notice of Motion and Motion for Issuance of Commission/Letter of Request.
285 Order for Issuance of Commission to Take Foreign Deposition.
286 Commission to Take Foreign Deposition.
287 Notice of Time and Place of Taking of Foreign Deposition Pursuant to Commission.
288 Motion for Letter of Request.
289 Order Directing Issuance of Letter of Request.
2810 Letter Rogatory.
2811 Model for Letter of Request Under the Hague Convention.
2812 Letter Rogatory Under the InterAmerican Convention on Letters Rogatory.
2813 Letter Rogatory Under the InterAmerican Convention on Letters RogatoryAdditional Information.
2814 Letter Rogatory Under the InterAmerican Convention on Letters RogatoryCertificate of Execution.
RULE 29
291 Stipulation Extending Time to Respond to Discovery.
292 Stipulation to Take Deposition Upon Oral Examination.
293 Stipulation for Taking of Deposition Upon Written Questions.
294 Stipulation Staying All Discovery Pending Action on Certain Motions.
295 Stipulated Protective Order Regarding Confidentiality.
RULE 30
301 Motion for Leave to Take Deposition of Person Confined in Prison.
302 Notice of Deposition Upon Oral Examination.
303 Notice of Deposition Upon Oral Examination by Other than Stenographic Means.
304 Notice of Deposition Upon Oral ExaminationNaming and Describing Person Not a Party.
305 Notice of Deposition Upon Oral ExaminationRequest to Produce Documents.
306 Notice of Deposition Upon Oral ExaminationCorporate Party.
307 Stipulation for Taking Oral Deposition by Telephone.
308 Notice of Motion to Terminate Examination.
309 Order Terminating Examination Because Examination Annoying, Embarrassing, and Oppressive.
3010 Notice of Filing of Deposition.
3011 Notice of Motion for Expenses on Failure to Attend Taking of Deposition.
RULE 31
311 Motion to Take Deposition of Prisoner by Deposition Upon Written Questions.
312 Notice of Deposition Upon Written Questions.
313 Questions to Be Attached to Notice for Deposition Upon Written Questions.
314 CrossQuestions for Deposition Upon Written Questions.
315 Motion to Enlarge Time for CrossQuestions.
316 Objections to Proposed Written Questions.
317 Notice of Return and Filing of Deposition Upon Written Questions.
RULE 32
321 Motion for Use of Deposition from Former Action.
322 Order Granting Motion for Use of Deposition Filed in Former Action.
323 Objection to Error or Irregularity in the Notice for Taking a Deposition.
324 Order Vacating Notice.
325 Order Denying Motion to Vacate Notice.
326 Objection to Officer Before Whom Deposition Is to Be Taken.
327 Motion to Suppress Deposition.
RULE 33
331 Interrogatories.
332 Interrogatories and Responses to Interrogatories.
333 Motion for Extension of Time Within Which to File Objections or To Answer Interrogatories.
334 Order Enlarging Time to File Objections and to Answer Interrogatories.
335 Motion to Seal Answers to Interrogatories.
336 Order Sealing Answers to Interrogatories.
337 Order Granting Party Leave to Serve Additional Interrogatories.
RULE 34
341 Request for Production of Documents.
342 Response to Request for Production of Documents.
343 Response to Request for ProductionAnother Form.
344 Order Permitting Entry Upon Property for Inspection.
345 Motion to Compel Production, Inspection and Copying of Documents.
346 Memorandum in Opposition to Motion to Compel Production of Documents.
347 Order to Compel Production of Documents.
RULE 35
351 Stipulation for Physical Examination.
352 Motion for Physical Examination.
353 Order Compelling Party to Submit to Physical Examination.
354 Request by Examined Party for Report of Findings.
RULE 36
361 Requests for Admission.
362 Motion for Extension of Time Within Which to Answer Requests for Admission.
363 Order Extending Time Within Which to Answer Requests for Admission.
364 Response to Requests for Admission.
365 Motion for Order That Matter Is Admitted on Grounds of Insufficiency of Answer or Objection.
366 Motion for Leave to Amend or Withdraw Response to Request for Admission.
RULE 37
371 Motion to Compel Party to Answer Question at Deposition Upon Oral Examination.
372 Certificate of Officer Upon Failure of Deponent to Answer Question at Deposition.
373 Order Compelling Party to Answer Deposition Questions.
374 Motion to Compel Answers to Interrogatories.
375 Order to Compel Answers to Interrogatories.
376 Motion for Contempt.
377 Motion for Default Judgment Against Defendant for Failure to Comply With Order for Production of Documents.
378 Motion for Dismissal of Action for Plaintiff's Failure to Comply With Order for Production of Documents.
379 Order for Default Judgment or Dismissal of Action for Failure to Comply with Order for Production of Documents.
3710 Motion that Facts Be Taken as Established for Failing to Answer Questions at Deposition.
3711 Motion for Order Refusing to Allow Defendant to Support or Oppose Designated Claims or Defenses.
3712 Motion for Award of Expenses Incurred to Prove Matter Opponent Failed to Admit Under Rule 36.
3713 Order on Refusal of Party to Submit to Physical Examination. RULE 26
Form 261 Initial Disclosure
[F.R.C.P. 26(a)(1)]
[Title of Court and Cause]
In accordance with Rule 26(a)(1) of the Federal Rules of Civil Procedure, plaintiff [or defendant] makes its mandatory disclosure as follows:
A. Witnesses
1. [Name] at [address] is likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings including [describe].
2. [Name] at [address] is likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings including [describe].
3. [Name] at [address] is likely to have discoverable information relevant to disputed facts alleged with particularity in the pleadings including [describe].
B. Documents
1. Contract between [name] and [name] dated [date].
2. Correspondence between [name] and [name] dated [date].
3. Memorandum from [name] to [name] dated [date].
C. Computation of Damages
1. Explanation
[Explain how any category of claimed damages has been calculated.]
2. Documents Upon Which Computation Based
a. Medical bill from [name] dated [date].
b. Automobile repair invoice from [name] dated [date].
D. Insurance Agreements
1. Insurance Policy No. _______ issued by [name of insurer] on [date].
2. Insurance Policy No. _______ issued by [name of insurer] on [date].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 262 Privilege Log
[F.R.C.P. 26(b)]
LOG NUMBER ________ DISCOVERY REFERENCE
OR EXHIBIT NUMBER _______
Identity and Position of Author
Identity and Position of Recipients
Privilege Claimed
Present Location
LOG NUMBER ________ DISCOVERY REFERENCE
OR EXHIBIT NUMBER _______
Identity and Position of Author
Identity and Position of Recipients
Privilege Claimed
Present Location
Form 263 Request by Party for Previous Statement
[F.R.C.P. 26(b)(3)]
[Title of Court and Cause]
Plaintiff [name] requests defendant [name] to respond within _______ days at a time and place convenient to the defendant to the following request: that defendant produce and permit plaintiff to inspect and to copy the statement concerning the aboveentitled action and its subject matter previously made by plaintiff [or plaintiff's agent [name]] [or previously signed or approved and made by plaintiff or plaintiff's agent [name]] to defendant [or to defendant's agent [name]] on [date] at [location].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 264 Request by Nonparty for Previous Statement
[F.R.C.P. 26(b)(3)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
In accordance with Rule 26(b)(3) of the Federal Rules of Civil Procedure, [name], a person who is not a party to the aboveentitled action, requests that defendant [name] furnish [name] with a copy of the statement made by [name] on [date], to the defendant [or to a representative or agent of the defendant] at [location], concerning the aboveentitled action or its subject matter.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 265 Motion by Nonparty for Statement Made by Nonparty
[F.R.C.P. 26(b)(3)]
[Title of Court and Cause]
[Name 1], a nonparty to the aboveentitled action, moves the court pursuant to Rule 26(b)(3) of the Federal Rules of Civil Procedure for an order that the defendant [name 2] furnish to [name 3] a copy of the statement made by [name 1] on [date], to the defendant [or to a representative of the defendant] [place of statement may be added here], concerning the aboveentitled action or its subject matter, on the ground that on [date] defendant was requested in writing to furnish a copy of the statement to [name 3] , but refused in writing to furnish the statement. Copies of [name 1]'s request and defendant's refusal are attached as exhibit A and Exhibit B.
[Name 1] further moves the court for an order that defendant pay [name 1] its reasonable expenses, including attorney fees, incurred in relation to this motion.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 266 Notice and Motion for Protective Order
[F.R.C.P. 26(c)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that on [date] at [time], or as soon thereafter as counsel can be heard, the undersigned will move this court at [location] for an order forbidding the taking of the deposition of [name], on the ground that the examination is sought for the sole purpose of annoying and embarrassing the defendant [name].
At the hearing, the undersigned will rely upon the affidavit of [name], a copy of which is attached as Exhibit A.
The undersigned will further move for the reasonable expenses incurred in obtaining the order sought by this motion, including reasonable attorney fees.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 267 Notice of Motion for Order Prohibiting Taking of Deposition
[F.R.C.P. 26(b)(3)]
[Title of Court and Cause]
To: [Name]
Attorney for Plaintiff
[or Defendant]
[Address]
Please take notice that at [place] on [date] at [time], or as soon thereafter as counsel can be heard, the undersigned will move this court for an order forbidding the taking of the deposition of [name] pursuant to the notice served by Plaintiff [or Defendant] on [date], on the ground that the examination is sought for the sole purpose of annoying and embarrassing [name]. At the hearing, the undersigned will rely upon the affidavit [or declaration] of [name], a copy of which is attached as Exhibit A.
The undersigned will further move for reasonable expenses in obtaining the order, including reasonable attorney fees.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 268 Order to Show Cause Why Notice of Deposition Should Not Be Vacated
[F.R.C.P. 26(b)(3)]
[Title of Court and Cause]
On the attached affidavit [or declaration] of [name], the attached exhibits, and on all prior proceedings, it is
ORDERED that the defendants [or plaintiffs] in the aboveentitled action, and each of them, show cause at a hearing to be held at [place], on [date], at [time], or as soon thereafter as counsel can be heard, why the notice of deposition of [name], dated [date], adjourned by stipulation dated [date], should not be vacated or that the deposition should not be taken on the ground that [describe]; and it is further
ORDERED that defendants [or plaintiffs] and each of them be stayed from taking the deposition of [name] pending the determination of this motion; and it is further
ORDERED that service of this order and the papers on which it is granted on [firm] at [address] on or before [time] on [date] shall be sufficient service of this order.
Dated: _______
__________
United States District Judge
Form 269 Motion Requiring Defendants to Bear Cost for Appearance and Deposition of Defense Expert Witnesses
[F.R.C.P. Rule 26(b)(4)(C)]
[Title of Court and Cause]
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
Please take notice that Plaintiffs [name] and [name], by the undersigned, their attorney, will move before Judge _______ on [date] at [time] in [place], for an order providing that, in order to prevent manifest injustice, pursuant to Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure. Plaintiffs, as well as each defendant, shall pay the cost of his or her expert witness for appearance at deposition. The motion will be based upon this notice, the accompanying brief, the accompanying Certifications, the record herein, and such further matter as may hereafter be properly presented to the Court.
Dated: _______
__________
Attorney for Plaintiffs
[Address]
[Telephone No.]
Form 2610 Order that Deposition upon Oral Examination Not Be Taken
[F.R.C.P. 26(c)]
[Title of Court and Cause]
This matter was heard on the motion of the defendant [or plaintiff] for an order forbidding the taking of the deposition of [name] pursuant to the notice served by the plaintiff [or defendant] and it appearing to the court that the examination was sought for the purpose of embarrassing and annoying the defendant:
IT IS ORDERED that the deposition of [name] upon oral examination shall not be taken.
Dated: _______
__________
United States District Judge
Form 2611 Motion for Discovery Guidance
[F.R.C.P. Rule 26(c)]
[Title of Court and Cause]
Defendant [name] moves the Court for guidance related to discovery matters which have recently arisen:
1. On [date], defendant received correspondence from counsel for the Plaintiff [name], alleging that counsel for defendant has been contacting current employees of Plaintiff in violation of the Code of Professional Responsibility and other applicable laws. See Exhibit A attached hereto.
2. Counsel for Defendant expressly denies this allegation and has responded as such to counsel for Plaintiff. See Exhibit B attached hereto.
3. Counsel for Defendant intends to discuss the facts of the incident with those employees of Plaintiff Terra who are in nonsupervisory positions.
4. Plaintiff's counsel has threatened to turn Defendant's counsel into Iowa bar authorities and to pursue all appropriate remedies if said contacts occur.
5. Because of these threats counsel for Defendant desires and needs guidelines and clarification from the court concerning contacts with Plaintiff's employees and former employees.
WHEREFORE, Defendant requests the court have a hearing concerning this matter and prays the court enter an order allowing Defendant to contact all former employees of Plaintiff and to contact those current employees of Plaintiff in nonsupervisory positions and whose admissions would not be binding on Plaintiff.
Dated: _______
__________
Attorney for Defendant
[Address]
[Telephone No.]
Form 2612 Order to Quash Notice to Take Depositions and Subpoenas
[F.R.C.P. 26(c)]
[Title of Court and Cause]
This matter is pending on a motion by the [party] to quash certain of [party's] notice to take depositions. A memorandum filed this date is incorporated in and made a part of this order. Accordingly,
IT IS HEREBY ORDERED that the motion of the defendant is granted and the notice to take the deposition of [name] is quashed on the condition that [for example] an officer or managing agent of the [party] who has knowledge of the issues in controversy be directed to appear and have his/her deposition taken at the place indicated in [party]'s motion within ten days from this date.
IT IS FURTHER ORDERED that the subpoena directed to [name] directing him/her to produce [describe] is also quashed.
Dated: _______
__________
United States District Judge
Form 2613 Motion to Stay Discovery Proceedings and for Continuance of Action
[F.R.C.P. 26(b)(3)]
[Title of Court and Cause]
Defendant [name] moves for an order staying further discovery proceedings with respect to Plaintiff [name] and to continue this cause from its present setting of date, and as ground states:
1. On [date], Plaintiff filed its interrogatories directed to Defendant.
2. On [date], Defendant responded to the interrogatories by asserting her right against selfincrimination under the Fifth Amendment to the Constitution of the United States.
3. Defendant has been tried and convicted in criminal proceedings in [title, docket, and court].
4. In the criminal proceedings Defendant declined to testify pursuant to the Fifth Amendment to the Constitution of the United States.
5. The conviction of Defendant has been appealed to the [court and docket no.] where the appeal is now pending.
6. Defendant's Counsel anticipates that the cases will be set for oral argument sometime in [date].
7. Defendant's Counsel believes the appeals to be meritorious and has reasonable grounds to believe that the cases will be reversed and dismissed or remanded for a new trial.
8. The subject matter of the criminal case is substantially the same as the subject matter of these civil proceedings and of the interrogatories propounded to Defendant by Plaintiff.
9. These civil proceedings were instituted by Plaintiff and after these proceedings were instituted the Defendant was advised by counsel that its affirmative defenses and counterclaims are of the nature and character which are required to be interposed in this action or forever forfeited. Defendant has been advised by counsel that the counterclaims and affirmative defenses are meritorious.
10. If Defendant is compelled to answer the interrogatories in this case prior to final disposition of all criminal proceedings against her, she will thereby be compelled to testify against herself in violation of her right against selfincrimination under the Fifth Amendment of the Constitution of the United States.
11. If Defendant fails to answer she will thereby forfeit her rights to assert her defenses in this case and pursue her counterclaim against Plaintiff, if the court strikes these defenses and counterclaim thereby subjecting Defendant to drastic and severe penalties for invoking his constitutional rights.
12. If Defendant is required to go to trial in this case prior to a final disposition of her criminal case, she will be unable to present her defenses and support her allegations in this case for the reasons that a substantial portion of the records and documentary information necessary for these purposes have been subpoenaed, removed, and held by the United States Department of Justice which has been investigating the matters involved in these proceedings since and prior to the inception of the suit filed in this case by Plaintiff. As a result, such records as defendants do have available have been disorganized and scattered so that defendants cannot not possibly properly prepare for trial by [date], and while the criminal proceedings are pending.
13. Attached to this motion are affidavits [or declarations] in support of this motion.
14. By reason of the foregoing the Defendant is unable to proceed any further in discovery matters in this case or in the preparation for trial.
WHEREFORE, Defendant prays (1) that the Court enter its order staying further discovery matters, and (2) continue this case from its present setting of [date], so as to permit the Defendant her rights to a fair trial on the merits.
Dated: _______
__________
Attorney for Defendant
[Address]
[Telephone No.]
Form 2614 Motion to Stay All Discovery Pending Resolution of Certain Motions Submitted Pursuant to Stipulation
[F.R.C.P. 26(c) and 29]
[Title of Court and Cause]
Pursuant to an agreement with plaintiff [name], defendant [name] moves for entry of an order staying all discovery in this matter pending resolution by the Court of defendant's Motion to Dismiss pursuant to Rule _______. In support of this motion, defendant submits the attached stipulation of the parties.
Dated: _______
__________
Attorney for Defendant
[Address]
[Telephone No.]
STIPULATION
The parties, by their counsel, hereby stipulated that all discovery in this cause should be stayed pending a resolution of the defendant's Motion to Dismiss.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 2615 Motion to Stay Taking of Deposition
[F.R.C.P. 26(c)]
[Title of Court and Cause]
Defendant moves to stay the taking of the deposition of [name] pursuant to notice served upon defendant by plaintiff on [date] until twenty days after determination of defendant's motion to vacate the notice of deposition filed on this date.
Dated: _______
__________
Attorney for Defendant
[Address]
[Telephone No.]
Form 2616 Motion to Enlarge (or Shorten) Time of Notice of Taking of Deposition
[F.R.C.P. 26(c)]
[Title of Court and Cause]
Plaintiff [or defendant] moves for an order extending the time for taking the deposition of [name] from [date] as fixed by the notice of taking the deposition to [date] and [time] on the ground that [describe].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 2617 Notice of Motion that Place of Taking Oral Examination Be Changed
[F.R.C.P. 26(c)]
[Title of Court and Cause]
Please take notice that on [date] at [time], or as soon thereafter as counsel can be heard, the undersigned will move this court at [place] for an order that the place of the deposition of [name] be changed from [place] to [place] upon the ground that the principal office of the defendant is located in [place] and that is the place where the defendant's corporate officers are located. At the hearing the undersigned will rely upon the affidavit of [name], a copy of which is attached as Exhibit A.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 2618 Order Changing Place of Deposition Upon Oral Examination
[F.R.C.P. 26(c)]
[Title of Court and Cause]
This matter was heard on the motion of the defendant [or plaintiff] to change the place of the taking of the deposition of [name] from [place] to [place] and for good cause shown:
IT IS ORDERED that the place of the taking of the deposition of [name] upon oral examination be changed from [place] to [place].
IT IS FURTHER ORDERED that the deposition upon oral examination be taken at such time as may be specified by plaintiff [or defendant] on _______ days' notice to the defendant [or plaintiff].
Dated: _______
__________
United States District Judge
Form 2619 Motion for Protective Order Limiting Scope of Deposition Upon Oral Examination
[F.R.C.P. 26(b)(3)]
[Title of Court and Cause]
Plaintiff [or defendant] moves that the scope of the examination of the witness [name], notice of the taking of whose deposition on [date] at [time] was served upon the attorneys for the plaintiff [or defendant], be limited as set forth below, and in support of the motion states.
1. On date, attorneys for the plaintiff [or defendant] received the following notice from the attorneys for defendant [or plaintiff]:
Please take notice that on [date], at [time], we shall take the deposition of [name] before [name] in [place], pursuant to the provisions of the Federal Rules of Civil Procedure, at which time and place you may appear if you see fit.
2. The witness [name] is in the employ of the plaintiff [or defendant] and in charge of its insurance matters. Plaintiff [or defendant] believes that the attorneys for the defendant [or plaintiff] propose to examine [name] with respect to such insurance matters in an attempt to elicit information likely to assist defendant in business dealings with third persons, to the plaintiff's disadvantages, all of which more clearly appears in the affidavits attached as Exhibits A and B.
3. An examination of the witness [name] with respect to such matters, or any of them, would be immaterial and irrelevant to the subject matter involved in the pending action and not pertinent or material to any defense of the defendant [or plaintiff].
Wherefore, plaintiff [or defendant] moves that this court enter an order limiting the cope of the examination of [name] so as to exclude any examination with respect to any of the matters set forth in paragraph 2 of this motion, and postponing the time set for the taking of the deposition until after the hearing and disposal of the motion.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 2620 Order Limiting Scope of Oral Examination
[F.R.C.P. 26(c)]
[Title of Court and Cause]
Upon consideration of the motion dated [date], the affidavit [or declaration], the notice of deposition dated [date], the pleadings, and the affidavit of [name] in opposition:
Now upon motion of [name], attorney for plaintiff [or defendant], it is ordered that the motion be granted and that [name] appear and submit to a deposition upon oral deposition before trial before [name], at [place], on [date], at [time], but that [name] shall not be requested nor shall [name] answer with respect to any of the following matters: [describe].
Dated: _______
__________
United States District Judge
Form 2621 Supplementation of Response to Interrogatory
[F.R.C.P. 26(e)(2)]
[Title of Court and Cause]
Pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, [name] hereby submits a supplementary response to its responses of [date] to [party]'s interrogatories of [date], by the following supplementation of its response to Interrogatory No. ____:
Supplementary Answer to Interrogatory No. __________.
[describe]
I verify under penalty of perjury that the foregoing is true and correct. Executed on [date].
[Signature]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 2622 Proposed Discovery Plan
[F.R.C.P. 26(f)]
[Title of Court and Cause]
1. Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, a meeting was held on [date] at [place] and was attended by:
[name] for plaintiff
[name] for plaintiff
[name] for defendant
[name] for defendant
2. PreDiscovery Disclosures. The parties have exchanged [or will exchange by [date]] the information required by Rule 26(a)(1) of the Federal Rules of Civil Procedure.
3. Discovery Plan. The parties jointly propose to the court the following discovery plan:
a. Discovery will be needed on the following subjects: [describe].
b. All discovery will be commenced in time to be completed by [date].
c. Discovery on [issue for early discovery] will be completed by [date].
d. Each party may serve a maximum of ____ interrogatories on any other party. Responses are due within ____ days after service of the interrogatories.
e. Each party may serve a maximum of ____ requests for admission on any other party. Responses are due within ____ days after service of the requests.
f. Each party may take a maximum of ____ depositions. Each deposition is limited to a maximum of ____ hours unless extended by agreement of the parties.
g. Reports from retained experts under Rule 26(a)(2) of the Federal Rules of Civil Procedure are due as follows:
from plaintiff by [date]
from defendant by [date]
h. Supplementation under Rule 26(e) of the Federal Rules of Civil Procedure is due [describe when due].
4. Other Items.
a. The parties request [or do not request] a conference with the court before entry of the scheduling order.
b. The parties request a pretrial conference on [date].
c. Plaintiff should be allowed until [date] to join additional parties and until [date] to amend pleadings.
d. Defendant should be allowed until [date] to join additional parties and until [date] to amend pleadings.
e. All potentially dispositive motions should be filed by [date].
f. Settlement is likely [or is unlikely, or cannot be evaluated before [date], or may be enhanced by use of the following alternative dispute resolution procedure: [describe]].
g. Final lists of witnesses and exhibits under Rule 26(a)(3) of the Federal Rules of Civil Procedure should be due:
from plaintiff by [date]
from defendant by [date]
h. Parties should have ____ days after service of final lists of witnesses and exhibits to list objections under Rule 26(a)(3) of the Federal Rules of Civil Procedure.
i. The case should be ready for trial by [date] and at this time is expected to take approximately _______.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
RULE 27
Form 271 Petition for Order to Perpetuate Testimony by Deposition Before Action
[Rule 27(a)]
[Title of Court and Cause]
Petitioner [name] submits this Petition under Rule 27(a) of the Federal Rules of Civil Procedure to perpetuate testimony by deposition and states:
1. Petitioner expects to be a [plaintiff/defendant] in an action in this court.
2. The subject matter of the expected action is [describe].
3. Petitioner's interest in the subject matter of the expected action is [describe].
4. Petitioner is presently unable to bring this action or cause it to be brought because [explain reasons].
5. Petitioner expects that [name and address of expected adverse party or parties] will be an adverse party to this action.
6. Petitioner desires to perpetuate the testimony of [name and address of prospective deponent].
7. Petitioner expects to obtain the following testimony [describe substance of testimony].
8. Petitioner needs to perpetuate this testimony because [describe reasons why it is necessary to perpetuate testimony and how it will prevent a failure of justice].
9. Petitioner plans to establish by the proposed testimony that [explain facts to be established].
WHEREFORE, Petitioner will move this Court on [date] at [time] at [location] for an order authorizing Petitioner to take the deposition by oral examination of [name] for the purpose of perpetuating the proposed deponent's testimony.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 272 Notice of Petition for Order to Take Deposition Before Action to Perpetuate Testimony
[F.R.C.P. 2731(a)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that the undersigned will apply to this court at [place] on [date] at [time], or as soon thereafter as counsel can be heard, for the order described in the petition, a copy of which is attached as Exhibit A.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 273 Order to Take Depositions to Perpetuate Testimony Before Action
[F.R.C.P. 27(a)]
[Title of Court and Cause]
A verified petition having been duly filed in the aboveentitled proceeding by [petitioner] for the perpetuation of the testimony of [name] to be used as evidence against [name], and due notice of this petition having been served upon [name], and [name] having appeared by counsel; and the court being satisfied that the perpetuation of the testimony of [name] may prevent a failure of justice, it is
ORDERED that the deposition of [name] may be taken upon oral examination relating to the claim of [petitioner] against [name] arising out of [describe].
Dated: _______
__________
United States District Judge
Form 274 Notice to Take Deposition Before Action to Perpetuate Testimony
[F.R.C.P. 27(a)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that at [time] on [date], at [place], [name] will take the deposition of witness [name], whose address is [address], upon oral examination before [name], a notary public, or before some other officer authorized by law to take depositions. The oral examination will continue from day to day until completed. You are invited to attend and crossexamine.
The testimony of witness [name] will be taken pursuant to the court order entered on [date], a copy of which is attached and served upon you.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 275 Motion to Perpetuate Testimony Pending Appeal
[F.R.C.P. 27(b)]
[Title of Court and Cause]
Plaintiff states:
1. On [date], plaintiff commenced this action to recover $_______ for damages sustained as a result of the negligence of the defendant.
2. On [date], this court, on motion of the defendant, dismissed plaintiff's complaint, and entered judgment for the defendant.
3. On [date], plaintiff filed a notice of appeal with this court appealing from the judgment of this court to the United States Court of Appeals for the _______ Circuit, and plaintiff's appeal is now pending.
4. If upon this appeal it is determined that plaintiff's complaint states a claim upon which relief can be granted, it will be necessary for plaintiff to prove the following facts to succeed in the action: [state facts].
5. Plaintiff desires to take the deposition of [name], whose address is [address], to perpetuate [name's] testimony for use in the event of further proceedings in this court. The substance of the testimony which the plaintiff expects to elicit from [name] is [describe].
6. The reasons for perpetuating the testimony of [name] are [describe].
Wherefore, plaintiff moves the court for an order allowing plaintiff to take the deposition of [name] upon oral examination pursuant to Rule 27(b) of the Federal Rules of Civil Procedure.
Dated: _______
__________
Attorney for Plaintiff
[Address]
[Telephone No.]
Form 276 Order Granting Leave to Perpetuate Testimony Pending Appeal
[F.R.C.P. 27(b)]
[Title of Court and Cause]
This matter having been presented to the court upon the motion of the plaintiff for an order allowing plaintiff to take the deposition of [name] upon oral examination, and it appearing that an appeal is now pending from a judgment of this court entered on [date] and that the perpetuation of the testimony of [name] may prevent a failure or delay of justice, in the event of further proceedings in this court,
IT IS ORDERED that plaintiff is granted leave to take the deposition of [name] upon oral examination in accordance with the provisions of the Federal Rules of Civil Procedure for the taking of depositions upon oral examination.
Dated: _______
__________
United States District Judge
Form 277 Notice of Taking of Deposition to Perpetuate Testimony Pending Appeal
[F.R.C.P. 27(b)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that pursuant to an order of the United States Court for the _______ District of _______, dated [date], a copy of which is attached, on [date] at [place] before [officer before whom deposition is to be taken], plaintiff will take the deposition of [name], [address], upon oral examination for the purpose of perpetuating the testimony of [name] pending appeal.
Dated: _______
__________
Attorney for Plaintiff
[Address]
[Telephone No.]
RULE 28
Form 281 Motion to Appoint Person Before Whom Deposition May Be Taken
[F.R.C.P. 28(a)]
[Title of Court and Cause]
Plaintiff [or defendant] moves the court pursuant to Rule 28(a) of the Federal Rules of Civil Procedure to appoint a special examiner or commissioner with power to administer oaths and take testimony, before whom may be taken the deposition upon oral examination of [name] of [address].
Plaintiff [or defendant] suggests the name of [name] at [address], who has been recommended by [name] who is of counsel in this case.
The ground of this motion is that there is no one readily available at [place], the place where plaintiff [or defendant] desires to take the depositions who has the power to administer oaths and take testimony.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 282 Order Appointing Person Before Whom Deposition May Be Taken
[F.R.C.P. 28(a)]
[Title of Court and Cause]
This cause was heard on [date] upon the motion of plaintiff [or defendant] to appoint a special examiner to take the deposition of [name]. The court being satisfied that good cause exists for the appointment of a special examiner, it is
ORDERED that [name] of [place] is hereby appointed special examiner to take the deposition upon oral examination with full power to administer oaths and take testimony pursuant to Rule 28(a) of the Federal Rules of Civil Procedure.
Dated: _______
__________
United States District Judge
Form 283 Notice of Taking of Foreign Depositions Before Official
[F.R.C.P. 31(a)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that the deposition upon oral examination of [name], [address], on behalf of plaintiff [or defendant] in the aboveentitled action will be taken before [name and title], at [place], on [date], at [time].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 284 Notice of Motion and Motion for Issuance of Commission/Letter of Request
[F.R.C.P. 28(b)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
PLEASE TAKE NOTICE that on [date], at [time], or as soon thereafter as counsel may be heard by the aboveentitled Court, located at [address], plaintiff will and hereby does move for:
[For counties or states utilizing commissions:] An order directing that a commission issues to [name], a qualified person authorized to administer oaths by the law of [foreign country/state] to take the deposition of [name of deponent], whose address is [address], on oral examination and directing [name of deponent] to produce upon the examination [identity of records or documents].
[For letter of request:] An order to issues Letters Rogatory directed to the appropriate judicial authority in [foreign country] requesting the examination of [name of deponent] on a deposition upon written questions, the questions to be attached to the Letter Request.
This motion is brought on the ground that [name of deponent] is a necessary and material witness to prove the claims alleged in the Complaint. [Name of deponent] is [identify witness's background]. The testimony of this witness is necessary and material to establish [state reasons why information sought is relevant].
This motion is based on this Notice of Motion and Motion, the affidavit of [name], the pleadings and papers on file herein, and upon such other matters as may be presented to the Court at the time of the hearing.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 285 Order for Issuance of Commission to Take Foreign Deposition
[F.R.C.P. 28(b)]
[Title of Court and Cause]
This cause was heard on the motion of plaintiff [or defendant] and the affidavit [or declaration] of [name], filed in support of the motion for the issuance of a commission to take the testimony of [name], a material witness for plaintiff [or defendant], who is not at [place] and both parties being represented by counsel, it is the opinion of the court that the motion should be granted on the ground that [describe], and it is
ORDERED that a commission issue in this cause out of this court directed to [name and title] at [place], authorizing [name] to take the deposition upon oral examination of [name] at [place] as prayed for in the motion.
IT IS FURTHER ORDERED that due notice of the time and place of the examination be given to counsel of both parties.
IT IS FURTHER ORDERED that the testimony given under such examination shall be reduced to writing, signed by the witness, certified by [name], and returned by [name] to the clerk of this court.
Dated: _______
__________
United States District Judge
Form 286 Commission to Take Foreign Deposition
[F.R.C.P. 31(a)]
[Title of Court and Cause]
In the United States District Court for the _______ District of _______.
The President of the United States of America to [name], at [place] Greeting:
Know ye that we, by these presents, and pursuant to the attached Order of the Honorable [name and title] have appointed you a commissioner and do give you full power and authority to examine [name], of [place], under oath, or affirmation, as a witness on behalf of the plaintiff [or defendant] in a certain cause no pending in the above court, in which [name] is plaintiff and [name] is defendant, in response to such oral questions as may be propounded to this witness in regard to [describe].
And we do hereby require you, before whom such testimony is to be taken, to reduce the testimony to writing, and direct it to the clerk of the aboveentitled court, at [place], as soon as may be after the execution of this commission.
Witness the Honorable [name], Judge of the District Court of the United States, this [date].
__________
Clerk
Form 287 Notice of Time and Place of Taking of Foreign Deposition Pursuant to Commission
[F.R.C.P. 28(b)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
You are hereby notified that the deposition upon oral examination of plaintiff [or defendant] in the aboveentitled action will be taken by [name], at [address], on [date], at [time], pursuant to a commission issued by the United States District Court for the _______ District of _______.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 288 Motion for Letter of Request
[F.R.C.P. 28(b)]
[Title of Court and Cause]
Plaintiff [or defendant] moves for an order for the issuance by the clerk of this court of a letter of request directed to the appropriate authority in [place] requesting the examination upon oral examination of [name] as a witness on the ground that this action is an action for [describe] and is pending and undetermined in this court and that [name] is to be examined on by oral examination concerning the following matters: [describe].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 289 Order Directing Issuance of Letter of Request
[F.R.C.P. 28(b)]
[Title of Court and Cause]
This matter having come on for hearing upon the motion of plaintiff [or defendant] for a letter of request for the examination of name and it appearing that such a letter of request is appropriate,
IT IS ORDERED that the clerk of court shall issue the letter of request in the form attached to this order.
Dated: _______
__________
United States District Judge
Form 2810 Letter Rogatory
[F.R.C.P. 28(b)]
[Title of Court and Cause]
United States of America, )
) ss.
_______ District of _______ )
The President of the United States to any Judge or Tribunal having Jurisdiction of Civil Causes at [place], Greeting:
Whereas a certain suit is pending in the United States District Court for the _______ District of _______, in which [name] is plaintiff and [name] is defendant, and it has been suggested to us that [name], a person residing within your jurisdiction, is a witness without whose testimony justice cannot be done between these parties;
We, therefore, request, that in furtherance of justice you will by the proper and usual process of your court cause such witness or witnesses as shall be named or pointed out to you by the parties or either of them, or by the agents or attorneys of either of them, to appear before you or some competent person appointed by you to be fixed and there to answer on their oaths or affirmations the questions propounded to them by the parties, their agents or counsel upon direct and cross examination, and that you will cause their depositions to be committed in writing and returned to us under cover, duly closed and sealed up together with these presents. And we shall be ready and willing to do the same for you in a similar case when required.
Witness the Hand of the Honorable [name], Judge, United States District Court, _______ District of _______.
Dated: _______
__________
Clerk of the United States
District Court for the __________
District of __________
Form 2811 Model for Letter of Request Under the Hague Convention
[F.R.C.P. 28]
I. (Items to be included in all Letters of Request)
1. Sender
[identity and address]
2. Central Authority of the Requested State
[identity and address]
3. Person to whom the executed request is to be returned
[identity and address]
II. (Items to be included in all Letters of Request)
4. In conformity with article 3 of the Convention, the undersigned applicant has the honor to submit the following request:
5. a. Requesting judicial authority (article 3, a)
[identity and address]
b. To the competent authority of (article 3, a)
[the Requested State]
6. Names and addresses of the parties and their representatives (article 3, b)
a. Plaintiff
[names and addresses of plaintiff and representative]
b. Defendant
[names and addresses of defendant and representative]
c. Other parties
[names and addresses of other parties and their representatives]
7. Nature and purpose of the proceedings and summary of the facts (article 3, c)
8. Evidence to be obtained or other judicial act to be performed (article 3, d)
III. (Items to be completed where applicable)
9. Identity and address of any person to be examined (article 3, e)
10. Questions to be put to the persons to be examined or statement of the subject matter about which they are to be examined (article 3, f)
[or see attached list]
11. Documents or other property to be inspected (article 3, g)
[specify whether it is to be produced, copied, valued, etc.]
12. Any requirement that the evidence be given on oath or affirmation and any special forms to be used (article 3, h)
[In the event that the evidence cannot be taken in the manner requested, specify whether it is to be taken in such manner as provided by local law for the formal taking of evidence]
13. Special methods or procedure to be followed (article 3, i and 9)
14. Request for notification of the time and place for the execution of the Request and identity and address of any person to be notified (article 7)
15. Request for attendance or participation of judicial personnel of the requesting authority at the execution of the Letter of Request
16. Specification of privilege or duty to refuse to give evidence under the law of the State of origin (article 11, b)
17. The fees and costs incurred which are reimbursable under the second paragraph of article 14 or under article 26 of the Convention will be borne by
[identity and address]
IV. (Items to be included in all Letters of Request)
18. Date of request
19. Signature and seal of the requesting authority
Form 2812 Letter Rogatory Under the InterAmerican Convention on Letters Rogatory
[F.R.C.P. 28]
LETTER ROGATORY
REQUESTING JUDICIAL OR OTHER CASE:
ADJUDICATORY AUTHORITY DOCKET NO.:
Name
Address
CENTRAL AUTHORITY OF THE CENTRAL AUTHORITY OF THE
STATE OF ORIGIN STATE OF DESTINATION
Name
Address
REQUESTING PARTY COUNSEL OF THE REQUESTING PARTY
Name Name
Address Address
PERSON DESIGNATED TO ACT IN CONNECTION WITH THE LETTER ROGATORY
Name Is this person responsible for costs and expenses?
YES ___ NO ___
Address If not, check in the amount of _______ is attached [or proof of payment is attached]
The Control Authority singing this letter rogatory has the honor to transmit to you in triplicate the documents listed below and, in conformity with the Protocol to the InterAmerican Convention on Letters Rogatory:
A. Requests their prompt service on:
The undersigned authority requests that service be carried out in the following manner:
(1) In accordance with the special procedure or additional formalities that are described below, as provided for in the second paragraph of Article 10 of the abovementioned Convention; or
(2) By service personally on the identified addressee or, in the case of a legal entity on its authorized agent; or
(3) If the person or the authorized agent of the entity to be served is not found, service shall be made in accordance with the law of the State of destination.
B. Requests the delivery of the documents listed below to the following judicial or administrative authority:
C. Requests the Central Authority of the State of destination to return to the Central Authority of the State of origin one copy of the documents listed below and attached to this letter rogatory, and an executed Certificate on the attached Form C.
Done at [place] this [date].
__________ __________
Signature and stamp of the judicial or other adjudicatory authority of the State of origin Signature and stamp of the Central Authority of the State of origin
Title or other identification of each document to be delivered:
Form 2813 Letter Rogatory Under the InterAmerican Convention on Letters Rogatory Additional Information
[F.R.C.P. 28]
I
FOR SERVICE
A. The document being served on you (original or copy) concerns the following:
B. The remedies sought or the amount in dispute is as follows:
C. By this service, you are requested:
D. In case of service on you as a defendant you can answer the complaint before the judicial or other adjudicatory authority specified in Form A, Box 1 (State place, date and hour):
You are being summoned to appear as:
If some other action is being requested of the person served, please describe:
E. If you fail to comply, the consequences might be:
F. You are hereby informed that a defense counsel appointed by the Court or the following legal aid societies is available to you at the place where the proceeding is pending:
Name:
Address:
The documents listed in Part III are being furnished to you so that you may better understand and defend your interests.
II
FOR INFORMATION FROM JUDICIAL OR ADMINISTRATIVE AUTHORITY
To: [name and address of the judicial or administrative authority]
You are respectfully requested to furnish the undersigned authority with the following information:
The documents listed in Part III are being furnished to you to facilitate your reply.
III
LIST OF ATTACHED DOCUMENTS
[Attach additional pages if necessary.]
Done at [place] this [date].
__________ __________
Signature and stamp of the judicial or other adjudicatory authority of the State of origin Signature and stamp of the Central Authority of the State of origin
Form 2814 Letter Rogatory Under the InterAmerican Convention on Letters Rogatory Certificate of Execution
[F.R.C.P. 28]
CERTIFICATE OF EXECUTION
To: [name and address of judicial or other adjudicatory authority that issued the letter rogatory]
In conformity with the Additional Protocol to the InterAmerican Convention on Letters Rogatory, signed at Montevideo on May 8, 1979, and in accordance with the attached original letter rogatory, the undersigned Central Authority has the honor do certify the following:
A. That one copy of the documents attached to this Certificate has been served or delivered as follows:
Date:
At [Address]
By one of the following methods authorized by the Convention:
(1) In accordance with the special procedure or additional formalities that are described below as provided for in the second paragraph of Article 10 of the abovementioned Convention, or
(2) By service personally on the identified addressee or, in the case of a legal entity, on its authorized agent, or
(3) If the person or the authorized or the authorized agent of the entity to be served was not found in accordance with the law of the State of destination:
[Specify method used.]
B. That the documents referred to in the letter rogatory have been delivered to:
[Identity of person]
Relationship to the address [family, business or other]
C. That the documents attached to the Certificate have not been served or delivered for the following reasons:
D. In conformity with the Protocol, the party requesting execution of the letter rogatory is requested to pay the outstanding balance of costs in the amount indicated in the attached statement.
Done at [place] this [date].
__________
Signature and Stamp of the Central Authority of the State of Destination
RULE 29
Form 291 Stipulation Extending Time to Respond to Discovery
[F.R.C.P. 29]
[Title of Court and Cause]
[Plaintiff] and [defendant] stipulate that the time to respond to the [describe discovery request] shall be extended from [scheduled date] until [date].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 292 Stipulation to Take Deposition Upon Oral Examination
[F.R.C.P. 29]
[Title of Court and Cause]
[Plaintiff] and [defendant] stipulate and agree that the deposition upon oral examination of [name of deponent] shall be taken by [plaintiff/defendant]at [place], on [date], at [time]. Notice of the time and place of this deposition as required by Section 804.05 Wisconsin Statutes, is waived.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 293 Stipulation for Taking of Deposition Upon Written Questions
[F.R.C.P. 29]
[Title of Court and Cause]
It is hereby stipulated by and between the parties in the aboveentitled action that the deposition and testimony of [name], residing at [address], may be taken on behalf of the plaintiff before any notary public residing at [place], whose official character as such notary public shall be sufficiently proven by an official seal and an impression of the seal affixed to or stamped upon the return; and such notary public is hereby agreed upon to take the deposition of [name].
The attached questions and crossquestions shall go out with this stipulation and be propounded to the witness after the witness is sworn to testify the whole truth and nothing but the truth relative to the cause. The parties waive all objections to the notary public and waive notice of the taking of the deposition and agree that the deposition of the witness [name] shall have the same force and effect as if taken upon notice. The parties reserve the right to object to the competency and admissibility of the questions and crossquestions and to any of them and to any of the answers to them.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 294 Stipulation Staying All Discovery Pending Action on Certain Motions
[F.R.C.P. 29]
[Title of Court and Cause]
The parties by their counsel hereby stipulated that all discovery in this cause shall be stayed pending a resolution by the Honorable [name], or any judge sitting in his/her stead, of defendant's motion to dismiss.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 295 Stipulated Protective Order Regarding Confidentiality
[F.R.C.P. 26(c) and 29]
[Title of Court and Cause]
Subject to the Court's approval, the parties tin this action stipulate to the following protective order.
1. In connection with discovery proceedings in this action, the parties may designate any document, thing, testimony or other information derived therefrom as "Confidential." For purposes of this Stipulated Protective Order, "confidential information" is information that has not been made public and that concerns or relates to the processes, operations, type of work, or apparatus, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, amount or source of any income, profits, losses or expenditures, of any persons, firm, partnership, corporation, or any other organization, the disclosure of which information may have the effect of causing harm to the competitive position of the person or entity from which the information was obtained.
2. Confidential documents shall be designated by stamping "CONFIDENTIAL" on the copies of the document produced. Stamping "CONFIDENTIAL" on the cover of any multipage document shall designate all pages of the document as confidential, unless otherwise indicated by the producing party.
3. Testimony taken at a deposition, conference, hearing or other proceeding may be designated as confidential by making a statement to that effect on the record at the deposition or other proceeding. Arrangements shall be made with the court reporter taking and transcribing the proceeding to separately bind such portion of the transcript containing information designated as confidential and to label such portion appropriately.
4. Material designated as confidential under this Order, the information contained in the material, and any summaries, copies, abstracts, or other documents derived in whole or in part from material designated as confidential shall be used only for the purpose of the prosecution, defense, or settlement of this action and for no other purpose.
5. Confidential material produced pursuant to this Order may be disclosed or made available only to the Court, counsel for a party (including the paralegal, clerical, and secretarial staff employed by counsel), and "qualified persons" designated below:
a. A party, or an officer, director, or employee of a party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this action.
b. Experts or consultants (together with their clerical staff) retained by counsel to assist in the prosecution, defense, or settlement of this action.
c. Court reporters employed in this action.
d. A witness at any deposition or other proceeding in this action.
e. Any other person as to whom the parties in writing agree.
Before receiving any confidential material, each "qualified person" shall be provided with a copy of this Order and shall execute a nondisclosure agreement in the form of Attachment A, a copy of which shall be promptly provided to counsel for each other party and for the parties.
6. Depositions shall be taken only in the presence of qualified persons.
7. The parties may further designate certain discovery material or testimony of a highly confidential and/or proprietary nature as "CONFIDENTIALATTORNEYS' EYES ONLY" in the manner described in paragraphs 2 and 3 above. Attorneys' Eyes Only Material and the information contained therein shall be disclosed only to the Court, to counsel for the parties (including the paralegal, clerical, and secretarial staff of counsel), and to the "qualified persons" listed in subparagraphs 5(a) through (e) above, but shall not be disclosed to a party, or to an officer, director or employee of a party, unless otherwise agreed or ordered. If disclosure of Attorneys' Eyes Only Material is made pursuant to this paragraph, all other provisions in this Order regarding confidentiality also apply.
8. Nothing in this Order shall impose any restrictions on the use or disclosure by a party of material obtained by such party independent of discovery in this action, regardless of whether such material is also obtained through discovery in this action or from disclosing its own confidential material as it deems appropriate.
9. If confidential material, including any portion of a deposition transcript designated as confidential or Attorneys' Eyes Only, is included in any papers to be filed in court, such papers shall be labeled "ConfidentialSubject to Court Order" and filed under seal until further order of this court.
10. If any confidential material is used in any court proceeding in this action, it shall not lose its confidential status through such use, and the party using such shall take all reasonable steps to maintain its confidentiality during such use.
11. This Order shall be without prejudice to the right of the parties
a. to bring before the Court at any time the question of whether any particular document or information is confidential or whether its use should be restricted; or
b. to present a motion to the Court under Rule 26(c) of the Federal Rules of Civil Procedure for a separate protective order as to any particular document or information, including restrictions differing from those as specified herein.
This Order shall not be deemed to prejudice the parties in any way future application for a modification of this Order.
12. This Order is entered solely for the purpose of facilitating the exchange of documents and information between the parties to this action without unnecessarily involving the Court in the process. Nothing in this Order nor the production of any information or document under the terms of this Order nor any proceedings pursuant to this Order shall be deemed to be an admission or waiver by either party or to be an alteration of the confidentiality or nonconfidentiality of any such document or information or to be an alteration of any existing obligation of any party or the absence of any such obligation.
13. This Order shall survive the final termination of this action to the extent that the information contained in confidential material is not or does not become known to the public, and the Court shall retain jurisdiction to resolve any dispute concerning the use of information disclosed under this Order. Upon termination of this case, counsel for the parties shall assemble and return to each other all documents, material, and deposition transcripts designated as confidential and all copies of same, or shall certify the destruction thereof.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Approved and so ordered.
Dated: _______
__________
United States District Judge
Attachment A
NONDISCLOSURE AGREEMENT
I, [name], do solemnly swear that I am fully familiar with the terms of the Stipulated Protective Order entered in [title of cause], in the United States District Court for the _______ District of _______, and hereby agree to comply with and to be bound by the terms and conditions of this Order unless and until modified by further Order of this Court. I hereby consent to the jurisdiction of the Court for purposes of enforcing this Order.
Dated: _______
__________
RULE 30
Form 301 Motion for Leave to Take Deposition of Person Confined in Prison
[F.R.C.P. 30(a)(2)]
[Title of Court and Cause]
Plaintiff moves the court for an order pursuant to Rule 30 of the Federal Rules of Civil Procedure granting plaintiff leave to take the deposition upon oral examination of [name], who is confined in prison at [place] on the ground that [state good cause such as prisoner's knowledge of particular facts and that ascertainment of prisoner's knowledge is necessary for preparation of movant's case].
Dated: _______
__________
Attorney for Plaintiff
[Address]
[Telephone No.]
Form 302 Notice of Deposition Upon Oral Examination
[F.R.C.P. 30(b)(1)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
PLEASE TAKE NOTICE that [defendant/plaintiff] [name] will take the deposition upon oral examination of [defendant/plaintiff], [name and address of deponent], before a person authorized by law to administer oaths at [place], on [date], at [time].
[Defendant/plaintiff] hereby requests [name of deponent] to appear before this oral examination at the above time and place.
The deposition will continue from day to day until completed. You are at liberty to appear and examine the witness.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 303 Notice of Deposition Upon Oral Examination by Other than Stenographic Means
[F.R.C.P. 30(b)(2)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
PLEASE TAKE NOTICE that the deposition upon oral examination of [name] will be taken pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure at [address], on [date], beginning at [time] and continuing from day to day until completion.
In accordance with the parties' stipulation of [date] [or court order entered on [date]] the deposition will be taken before [name of officer] and recorded by means of [describe].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 304 Notice of Deposition Upon Oral ExaminationNaming and Describing Person Not a Party
[F.R.C.P. 30(b)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
PLEASE TAKE NOTICE that [defendant/plaintiff] [name] will take the deposition upon oral examination of [name] before a person authorized by law to administer oaths at [place], on [date], at [time]. A copy of the subpoena is attached as Exhibit A.
The deposition will continue from day to day until completed. You are at liberty to appear and examine the witness.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 305 Notice of Deposition Upon Oral ExaminationRequest to Produce Documents
[F.R.C.P. 30(b)(5)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
PLEASE TAKE NOTICE that the [defendant/plaintiff] [name] will take the deposition upon oral examination of [defendant/plaintiff], [name and address of deponent], before a person authorized by law to administer oaths at [place], on [date], at [time].
[Defendant/plaintiff] hereby requests [name of deponent] to appear before this oral examination at the above time and place and requests [name of deponent] to produce and to permit [defendant/plaintiff] to copy and inspect at the oral examination each of the following documents:
[List documents individually or by category and describe each of them.]
The deposition will continue from day to day until completed. You are at liberty to appear and examine the witness.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 306 Notice of Deposition Upon Oral ExaminationCorporate Party
[F.R.C.P. 30(b)(6)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
PLEASE TAKE NOTICE that [defendant/plaintiff] [name] will take the deposition upon oral examination of [name and address of corporate party], [name and address of deponent], before a person authorized by law to administer oaths at [place], on [date], at [time].
[Defendant/plaintiff] hereby directs [name of corporate party] to designate one or more officers, directors, managing agents, or other persons who consent to testify on its behalf on each of the subject matters set forth below.
1. [Describe with reasonable particularity the matters on which examination is requested.]
The deposition will continue from day to day until completed. You are at liberty to appear and examine the witness.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 307 Stipulation for Taking Oral Deposition by Telephone
[F.R.C.P. 30(b)(7)]
[Title of Court and Cause]
The parties, by and through their undersigned counsel, stipulate and agree that the telephonic deposition of [name], hereinafter referred to as Deponent, shall be taken utilizing the following procedures:
1. The Deponent will be present at [address] before a Notary Public of [place] or some other officer authorized under the laws of [place] to administer oaths.
2. The stenographer who will record the deposition of the Deponent will be present at the same place with the witness at [address].
3. Present with the Deponent and the transcribing stenographer will be a telephone equipped with a speaker to allow the Deponent and the stenographer simultaneously to hear the questions propounded via telephone by counsel for the plaintiff and defendant.
4. Counsel will be present together at the office of the counsel for defendant at [address], where counsel will conduct their examination of the Deponent by use of a telephone equipped with a speaker to allow them simultaneously to hear the responses of the Deponent to the questions.
5. Utilizing the foregoing procedure, the deposition by telephone of the Deponent will be take upon oral examination at [time] on [date] and will continue from day to day until completed.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 308 Notice of Motion to Terminate Examination
[F.R.C.P. 30(d)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that the undersigned will move this court at [place], on [date], at [time], or as soon thereafter as counsel can be heard, to terminate the examination of [name] on the ground that [specify grounds for terminating examination].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 309 Order Terminating Examination Because Examination Annoying, Embarrassing, and Oppressive
[F.R.C.P. 30(d)]
[Title of Court and Cause]
This matter was heard and it appearing to the court that the deposition upon oral examination of [name] is being conducted in such manner as to unreasonably annoy, embarrass and oppress [name],
IT IS ORDERED that the [name of officer conducting examination] shall cease from taking that deposition and that the deposition be and is hereby terminated.
Dated: _______
__________
United States District Judge
Form 3010 Notice of Filing of Deposition
[F.R.C.P. 30(f)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that the deposition of [name], a witness produced, sworn, and examined on behalf of plaintiff [or defendant] before [name of officer], and taken pursuant to the notice previously served, has been duly certified to and returned to the Clerk of the United States District Court for the _______ District of _______.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 3011 Notice of Motion for Expenses on Failure to Attend Taking of Deposition
[F.R.C.P. 30(g)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that on [date], at [time], or as soon thereafter as counsel can be heard, the undersigned will move this court at [place], for an order directing the plaintiff [or defendant] to pay to defendant [or plaintiff] the reasonable expenses incurred by defendant [or plaintiff] and his/her attorney in the sum of $_______, together with a reasonable attorney fee to be fixed by the court, in attending pursuant to notice given [date] by plaintiff [or defendant] for the taking of the deposition of [name], upon the ground that plaintiff [or defendant] failed to attend and proceed with the taking of the deposition.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
RULE 31
Form 311 Motion to Take Deposition of Prisoner by Deposition Upon Written Questions
[F.R.C.P. 31(a)(2)]
[Title of Court and Cause]
Plaintiff [or defendant] moves the court for an order pursuant to Rule 31(a)(2) of the Federal Rules of Civil Procedure, granting plaintiff [or defendant] leave to take the deposition upon written questions of [name], who is an inmate confined in [name and location of correctional institution], on the ground that [state facts showing good cause, such as prisoner's knowledge of particular facts and that ascertainment of prisoner's knowledge is necessary for preparation of movant's case].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 312 Notice of Deposition Upon Written Questions
[F.R.C.P. 31(a)(3)]
[Title of Court and Cause]
To: Each party and attorney for each party
PLEASE TAKE NOTICE that the deposition upon written questions of [name and address of deponent] will be taken before a person authorized by law to administer oaths at [place] on [date], at [time].
This deposition upon written questions is taken under Rule 31 of the Federal Rules of Civil Procedure. A copy of the written questions are attached. You may propound such written cross questions as you deem appropriate by serving a copy on all counsel not later than [date].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 313 Questions to Be Attached to Notice for Deposition Upon Written Questions
[F.R.C.P. 31(a)(3)]
[Title of Court and Cause]
Questions to be propounded to [name] of [place], a witness to be produced and sworn and examined on the part of the abovenamed plaintiff [or defendant] by [name], a notary public [or state other title of officer] of [place].
First Question. What is your name, age, residence and occupation?
Second Question. Do you know the parties to the above entitled action, or either of them, and if yes, how long have you known such parties or party?
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 314 CrossQuestions for Deposition Upon Written Questions
[F.R.C.P. 31(a)(4)]
[Title of Court and Cause]
Crossquestions to be propounded to [name] of [place], before [name], a [state title of officer] on behalf of the plaintiff [or defendant].
First Cross Question. __________
Second Cross Question. __________
[Continue with questions, numbering each.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 315 Motion to Enlarge Time for CrossQuestions
[F.R.C.P. 31(a)(4)]
[Title of Court and Cause]
Defendant [or plaintiff] moves the Court for an order extending the time within which cross questions to be asked of [name] on the taking of [name's] deposition upon written questions may be served by defendant [or plaintiff], may be served by defendant upon the parties to the aboveentitled action, by extending the time of service from [date] to [date].
A copy of the notice served by plaintiff is attached.
The grounds for this motion are that [state grounds].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 316 Objections to Proposed Written Questions
[F.R.C.P. 31 and 32(d)(3)(C)]
[Title of Court and Cause]
Plaintiff [or defendant] objects to the following written questions proposed by defendant [or plaintiff] and served on [date], on the ground stated below:
Question No. ___ [state question].
Objected to on the ground that [describe].
Question No. ___ [state question].
Objected to on the ground that [describe].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 317 Notice of Return and Filing of Deposition Upon Written Questions
[F.R.C.P. 31(c)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that the deposition of [name], a witness produced, sworn, and examined upon written questions on behalf of the plaintiff [or defendant] by [name and title of officer] has been duly certified and returned by the plaintiff [or defendant] to the Clerk of the United States District Court for the _______ District of _______, and has been filed in the office of the clerk.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
RULE 32
Form 321 Motion for Use of Deposition from Former Action
[F.R.C.P. 32(a)]
[Title of Court and Cause]
Plaintiff moves the court for an order permitting the use in the aboveentitled action of the deposition of [name], lawfully taken and duly filed in the case of [title of court and cause], to the same extent and with the same force and effect as if originally taken for the purposes of the aboveentitled action. The motion is based on the ground that the issues in the former action and the present action as to liability are the same and the admissibility of the deposition is in accord with Rule 32(a) of the Federal Rules of Civil Procedure.
This motion is also based upon the pleadings in the former action, the pleadings in this action, and the copy of the deposition in the former action showing that the defendant in this action was a party to the former action which involved the identical issues involved in the present action and was accorded full opportunity for cross examination and such other evidence as may be produced at the hearing of the motion.
Dated: _______
__________
Attorney for Plaintiff
[Address]
[Telephone No.]
Form 322 Order Granting Motion for Use of Deposition Filed in Former Action
[F.R.C.P. 32(a)]
[Title of Court and Cause]
On [date], this Court heard the motion of plaintiff for an order permitting the use in the aboveentitled action of the deposition of [name] in the case of _______, in [court], and the court being fully advised and being of the opinion that the deposition of [name] was lawfully taken and duly filed in the former case and it is relevant and material to the aboveentitled action, that the issues in the former action are substantially the same as the issues in this action, that the defendant in this action had adequate opportunity to and did crossexamine [name] in the taking of the deposition in the former action, and that the deposition is admissible in the aboveentitled action.
IT IS ORDERED that the motion of the plaintiff to be permitted to use in this action the deposition of [name] taken in the former action in this action to the same extent and with the same force and effect as if originally taken for the purpose of the aboveentitled action as against defendant is hereby granted.
Dated: _______
__________
United States District Judge
Form 323 Objection to Error or Irregularity in the Notice for Taking a Deposition
[F.R.C.P. 32(d)(1)]
[Title of Court and Cause]
Pursuant to Rule 32(d)(1) of the Federal Rules of Civil Procedure, plaintiff [or defendant] objects to the taking of the deposition of [name] upon oral examination on [date] at [place] on the ground that the notice of the taking of the deposition was [state grounds for objection, e.g., that the notice was deficient in not properly designating the deponent to be examined, in not specifying a reasonable period of notice, in specifying an unreasonable time for examination, or in failing to specify sufficiently the place of examination].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 324 Order Vacating Notice
[F.R.C.P. 32(d)]
[Title of Court and Cause]
This motion was heard and it appearing to the Court that the notice served by the plaintiff for the taking of the deposition of [name] upon oral examination on [date] was defective in that [describe],
IT IS ORDERED that the notice served by plaintiff for the taking of the deposition upon oral examination on [date] is hereby vacated.
Dated: _______
__________
United States District Judge
Form 325 Order Denying Motion to Vacate Notice
[F.R.C.P. 32(d)]
[Title of Court and Cause]
The defendant having moved this Court for an order vacating the notice for the examination of the defendant before trial, and the motion having been heard by this Court on [date],
Now, upon reading the notice of motion dated [date], the affidavit [or declaration] of [name], the notice of examination dated [date], the pleadings, and the affidavit [or declaration] of [name] in opposition to the motion, and due deliberation having been had,
IT IS ORDERED that the motion is denied and it is hereby further
ORDERED that the defendant [name] appear and submit to an examination at [place], on [date], at [time].
Dated: _______
__________
United States District Judge
Form 326 Objection to Officer Before Whom Deposition Is to Be Taken
[F.R.C.P. 31(d)(2)]
[Title of Court and Cause]
Plaintiff [or defendant] objects to the taking of the deposition upon oral examination of [name] on date, at [time], before [officer] on the ground that [officer] is an employee of the attorney for defendant [or plaintiff] in this action [or state any other disqualifying ground].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 327 Motion to Suppress Deposition
[F.R.C.P. 32(d)(4)]
[Title of Court and Cause]
Plaintiff [or defendant] moves the court for an order suppressing the deposition of [name], taken on behalf of the defendant [or plaintiff], which was taken in [place], on [date] before [officer] on file in this court for the following reasons: [describe].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
RULE 33
Form 331 Interrogatories
[F.R.C.P. 33]
[Title of Court and Cause]
To: __________
[Address]
You are hereby notified to answer under oath the interrogatories numbered from _______ to _______, inclusive, as shown below, within 30 days after service of the interrogatories in accordance with Rule 33 of the Federal Rules of Civil Procedure.
Plaintiff requests that the defendant answer the following interrogatories in writing and under oath pursuant to Rule 33 of the Federal Rules of Civil Procedure, and that the answers be served on the plaintiff within 30 days after service of these interrogatories.
In answering these interrogatories, furnish all information, however obtained, including hearsay, that is available to you and information known by or in possession of yourself, your agents and your attorneys, or appearing in your records.
If you cannot answer the following interrogatories in full after exercising due diligence to secure the full information to do so, so state and answer to the extent possible, specifying your inability to answer the remainder, stating whatever information or knowledge you have concerning the unanswered portion and detailing what you did in attempting to secure the unknown information. If you cannot furnish exact information, such as dates, periods or amounts, supply estimated information to the extent possible and indicate that the information is estimated.
A question that seeks information contained in or information about or identification of any documents may be answered by providing a copy of such document for inspection and copying or by furnishing a copy of such document without a request for production.
If you object to furnishing any information requested by these interrogatories on the grounds of privilege, work product or other grounds, your response should state the existence of the information, document or communication, identify the specific grounds on which your objection is based and identify the information objected to by furnishing its date, participants (e.g., names of speakers or authors or addressees) and a general description of the nature, rather than the substance of the purportedly protected information. If the objected to information contains relevant nonobjectionable matter, you should disclose it.
These interrogatories shall be deemed to be continuing until and during the course of trial. Information sought by these interrogatories that you obtain after you serve your answers must be disclosed to the plaintiff by supplementary answers. You are obligated to supplement your responses to these interrogatories no later than thirty days after the discovery of the new information and in no event later than fifteen days before the first day of trial.
DEFINITIONS
The following definitions apply to these interrogatories:
1. Communication. The term "communication" means the transmittal of information (in the form of facts, ideas, inquiries, or otherwise).
2. Document. The term "document" is defined to be synonymous in meaning and equal in scope of the usage of this term in Rule 34(a) of the Federal Rules of Civil Procedure. A draft or nonidentical copy is a separate document within the meaning of this term.
3. Identify.
a. With Respect to Persons. When referring to a person, "to identify" means to give, to the extent known, the person's full name, present or last known address, and when referring to a natural person, additionally, the present or last known place of employment. Once a person has been identified in accordance with this subparagraph, only the name of that person need be listed in response to subsequent discovery requesting the identification of that person.
b. With Respect to Documents. When referring to documents, "to identify" means to give, to the extent known, the (i) type of document; (ii) general subject matter; (iii) date of the document; and (iv) author(s), addressee(s), and recipient(s).
4. Parties. The terms "plaintiff" and "defendant" as well as a party's full or abbreviated name or a pronoun referring to a party mean the party and, where applicable, its officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation.
5. Person. The term "person" is defined as any natural person or any business, legal, or governmental entity, or association.
6. You or Your. The words "you" or "your" mean the [party], its present and former members, officers, agents, employees, and all other persons acting or purporting to act on its behalf, including all present or former members, officers, agents, employees, and all other persons exercising or purporting to exercise discretion, making policy and making decisions.
INTERROGATORY NO. 1
INTERROGATORY NO. 2
INTERROGATORY NO. 3
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 332 Interrogatories and Responses to Interrogatories
[F.R.C.P. 33]
[Title of Court and Cause]
INTERROGATORY NO. 1
[Set forth interrogatory, e.g., "State every fact upon which you base your allegation contained in paragraph _______ of the Complaint.... "]
RESPONSE TO INTERROGATORY NO. 1
[Set forth any objections, e.g., " ... objects to this interrogatory on the ground that it is overbroad in that.... " Answer the interrogatory if objection is not dispositive of the obligation to respond]
INTERROGATORY NO. 2
[Set forth interrogatory, e.g., "State every fact upon which you base your allegation contained in paragraph _______ of the Complaint.... "]
RESPONSE TO INTERROGATORY NO. 2
[Set forth any objections, e.g., " ... objects to this interrogatory on the ground that it is overbroad in that.... " Answer the interrogatory if objection is not dispositive of the obligation to respond]
State of __________ )
) ss.
County of __________ )
[Name], being duly sworn upon his/her oath, deposes and says:
I am the [plaintiff/defendant] in the aboveentitled action and have read the interrogatories served upon me by the [plaintiff/defendant] [name]; and the foregoing answers to those interrogatories are true according to the best of my knowledge, information, and belief.
[Signed] __________
Subscribed and sworn to be before me a Notary Public for _______, this [date].
[seal]
/s/ __________
My commission expires [date].
Form 333 Motion for Extension of Time Within Which to File Objections or To Answer Interrogatories
[F.R.C.P. 33]
[Title of Court and Cause]
Plaintiff [or defendant] moves the court for a sixtyday extension until [date] within which to file objections to interrogatories or within which to answer interrogatories for the following reasons:
1. Interrogatories under Rule 33 of the Federal Rules of Civil Procedure were served on [name], attorney for plaintiff [or defendant], on [date]. There were _______ interrogatories, seeking such detailed information that it is impossible, if the interrogatories were answered without objection, to answer them within thirty days after service. The information sought in most of the interrogatories is not within the knowledge of the local counsel and, in order to answer these interrogatories or to file pertinent objections to them, it will be necessary to have considerable correspondence with the plaintiff [or defendant]. The time for service of the answers is not sufficient in which to accomplish this.
2. Because of the numerous interrogatories, the wide scope of information sought, and the nature of the interrogatories, it is apparent that many, if not all, are not pertinent to the issues in the proceedings, and that it will require preparation and study to object to the answering of any of the interrogatories.
3. It will most likely be necessary that the plaintiff [or defendant] seek an order limiting the scope of inquiry. An affidavit is attached and made a part of this motion.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 334 Order Enlarging Time to File Objections and to Answer Objections
[F.R.C.P. 33]
[Title of Court and Cause]
This cause was heard upon the motion of the plaintiff [or defendant] for an enlargement of time within which to file objections to interrogatories propounded to the plaintiff [or defendant] under Rule 33 of the Federal Rules of Civil Procedure and for an enlargement of time within which to answer interrogatories that may not be objected to. For good cause shown, it is, therefore,
ORDERED AND ADJUDGED, that the plaintiff [or defendant] are granted until [date], in which to file objections to such interrogatories and in which to file answers to interrogatories to which there may be no objections made.
Dated: _______
__________
United States District Judge
Form 335 Motion to Seal Answers to Interrogatories
[F.R.C.P. 33]
[Title of Court and Cause]
Plaintiff [or defendant] moves the Court to seal its answers to the interrogatories recently filed and to admonish defendant [or plaintiff] and defendant's [or plaintiff's] counsel not to disclose to anyone the contents of the answers to the interrogatories. Defendant has been informed and believes that a person or persons unknown are publishing or making use of the answers for purposes unauthorized and unconnected with this action to the detriment of plaintiff [or defendant].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 336 Order Sealing Answers to Interrogatories
[F.R.C.P. 33]
[Title of Court and Cause]
The answers to the interrogatories filed in this matter by plaintiff [or defendant] on [date] are hereby sealed and defendant and defendant's counsel are admonished not to disclose their contents to anyone.
Dated: _______
__________
United States District Judge
Form 337 Order Granting Party Leave to Serve Additional Interrogatories
[F.R.C.P. 33]
[Title of Court and Cause]
This cause comes before the Court on the plaintiff's motion for leave of the Court to serve additional interrogatories on defendant and on defendant's response.
Having considered the motion and the tendered interrogatories, this Court determines that, while relevant, the number of interrogatories tendered for a case of this nature is burdensome. This is particularly so in light of the fact that plaintiff intends to depose the defendant.
Accordingly, the Court now grants plaintiff leave to serve an additional thirty interrogatories on defendant. Plaintiff may designate thirty interrogatories from those tendered. Plaintiff may delay its designation until after plaintiff has completed defendant's depositions. In the alternative, plaintiff may compose a new set of thirty or fewer interrogatories consistent with this order.
Dated: _______
__________
United States District Judge
RULE 34
Form 341 Request for Production of Documents
[F.R.C.P. 34(b)]
[Title of Court and Cause]
Plaintiff [name] requests defendant [name] to respond within 30 days to the following requests that:
(1) Defendant produce and permit plaintiff to inspect and to copy each of the following documents: [List the documents either individually or by category and describe each of them.]
[Here state the time, place, and manner of making the inspection and performance of any related acts.]
(2) Defendant produce and permit plaintiff to inspect and to copy, test, or sample each of the following objects: [List the objects either individually or by category and describe each of them.]
[Here state the time, place, and manner of making the inspection and performance of any related acts.]
(3) Defendant permit plaintiff to enter [describe property to be entered] and to inspect and to photograph, test or sample [describe the portion of the real property and the objects to be inspected].
[Here state the time, place, and manner of making the inspection and performance of any related acts.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 342 Response to Request for Production of Documents
[F.R.C.P. 34(b)]
[Title of Court and Cause]
REQUEST NUMBER ONE:
[Set forth terms of response.]
RESPONSE TO REQUEST NUMBER ONE:
[Set forth any objections, then indicate whether such documents will be produced.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 343 Response to Request for ProductionAnother Form
[F.R.C.P. 34(b)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
In response to plaintiff's request to produce and for inspection in the aboveentitled action, served upon defendant on [date], the inspection and related activities requested will be permitted with respect to each item or category as requested [add with the exception of Items ___ and ___, to which inspection defendant objects on the ground that [describe]].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 344 Order Permitting Entry Upon Property for Inspection
[F.R.C.P. 34(b)]
[Title of Court and Cause]
This matter is before this Court on a motion by the defendant to permit entry upon property of plaintiff for inspection. A hearing was held on the motion on [date].
It Is Hereby Ordered that plaintiff shall permit such representatives of defendant as defendant shall select, not exceeding [number] at one time, to enter upon the real property described in defendant's motion in this proceeding at the following times and for the following purposes:
1. To enter upon the real property on [day] of each month, beginning [date], between the hours of [time] and [time], for the following purposes:
a. Obtaining specimen samples of forage, feeds, air, water, soil, vegetation, and mineral supplements from such locations as may be selected by defendant;
b. Examining the pastures and supplemental feed and measure the quantities of such feed being fed to the animals on those pastures;
c. Photographing the animals, foodstuffs, pastures and facilities; and
d. Making a gross or visual examination of the animals and obtaining samples of urine from at least 20 animals to be selected at random by defendant. Only a veterinarian licensed to practice in Wisconsin may take such samples. Defendant shall be permitted to confine animals from which specimens are to be obtained in a chute while obtaining the specimens.
2. To enter upon these real properties with the purpose of making a close examination of the cattle on them, including the inspection and photographing of the teeth. Such examinations shall be made by a veterinarian licensed to practice in [state].
ORDERED that plaintiff shall notify defendant by telephone at [number] immediately upon the discovery of the death of any animal located on the real property claimed by plaintiff to have been damaged or injured by reason of defendant's operations and permit defendant to have access to the body of such animal to perform a postmortem examination of it and to remove samples of it for analysis. Defendant shall have 24 hours after receiving such notification within which to perform the postmortem examination and within which to remove samples for analysis.
IT IS FURTHER ORDERED that plaintiff notify defendant of any contemplated sales of animals which have been in the real property and which plaintiff claims have been damaged by reason of defendant's operations prior to delivering possession of animals to be sold the purchaser or consigning to a commission agent for sale, such notice to be in writing or by means of a telephone call placed as outlined in the preceding paragraph and to include a statement of the proposed time and place of delivery and name and address of the purchaser or commission agent to whom the animals are consigned for sale, all to the end that defendant may have an opportunity to arrange with the purchaser to examine the animals or, if sold for slaughter, to make a postmortem examination and to obtain samples for chemical analysis.
Defendant's rights under the foregoing orders are subject to the following limitations:
1. All representatives of defendant who enter upon the real property will stay in two parties. Plaintiff or plaintiff's representatives shall have the right to accompany the parties at all times.
2. Defendant shall give plaintiff a portion of any sample taken for chemical analysis if requested to do so by plaintiff.
3. Defendant shall give to plaintiff a copy of the report of the results of all chemical analyses from samples taken in accordance with the order of the court within 10 days after the completion of the analyses.
4. Defendant shall give plaintiff a copy of any report of any person making an examination on behalf of defendant pursuant to this Order which is furnished to defendant, within 10 days of receipt of the report.
5. Plaintiff shall be permitted to have its experts and observers present during any examination made in conformance with this Order.
6. Defendant shall furnish to plaintiff the name and address of any representative who makes examination or takes samples in conformance with this Order.
7. Defendant's representative will handle plaintiff's animals in a careful manner so as to avoid injury to such animals. Should any animal be injured, defendant shall compensate plaintiff for such injury in an amount to be agreed upon by plaintiff and defendant, or, if they cannot agree, in an amount to be determined in a summary hearing by this court.
8. Plaintiff shall have the option of rounding up its animals so that defendant may take the monthly urine samples referred to in this order. In such event, defendant shall pay plaintiff the reasonable cost of the services rendered by plaintiff and its employees in rounding up the cattle. Should any animal be injured by plaintiff or its employees while being rounded up so that defendant may take these monthly urine samples, defendant shall compensate plaintiff for such injury, if not willful, in an amount to be agreed upon by the parties, or, if they cannot agree, in an amount to be determined by this court.
9. Defendant will indemnify and hold plaintiff harmless from any and all liability to others arising out of the sampling, examining, photographing and measuring by defendant, and related incidental activities under this order; provided, however, that defendant will not be required to indemnify plaintiff with respect to injuries to others which are intentionally caused by plaintiff or which are caused by the willful misconduct of plaintiff.
Dated: _______
__________
United States District Judge
Form 345 Motion to Compel Production, Inspection and Copying of Documents
[F.R.C.P. 34(b) and 37(a)]
[Title of Court and Cause]
Defendant moves the court for an order requiring plaintiff to produce and to permit defendant to inspect and to copy or photograph each of the following documents:
[describe]
This motion is made on the ground that the defendant served a written request upon the plaintiff for production, inspection, and copying or photographing the abovementioned documents, a copy of which is attached as Exhibit A. The plaintiff objected to this production by a response, a copy of which is attached as Exhibit B [or plaintiff has failed and refused to respond to defendant's request as required by Rule 34 of the Federal Rules of Civil Procedure]. The documents requested by defendant contain relevant and material evidence in the aboveentitled action and their production is necessary for defendant to prepare for trial as described in Exhibit C attached to this motion.
The undersigned certifies that the undersigned has in good faith attempted to confer with the plaintiff's attorney in an unsuccessful effort to secure the requested information without court action.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 346 Memorandum in Opposition to Motion to Compel Production of Documents
[F.R.C.P. 34(b)]
[Title of Court and Cause]
Plaintiff [or defendant] submits the following in opposition to defendant's [or plaintiff's] Motion to Compel Production of Documents:
I. INTRODUCTION
[Explain background of dispute, including nature of requests, why requests were inappropriate or why response to requests was sufficient.]
II. ARGUMENT
A. The requested information is privileged in that [describe].
B. The discovery is unreasonably duplicative or cumulative in that [describe].
C. The discovery can be had from another source that is less burdensome or less expensive in that [describe].
D. This party does not have any additional information responsive to the requests herein.
E. The burden of production outweighs the probative benefits of the requested information and is unwarranted in light of the amount in controversy in this case.
III. CONCLUSION
For the reasons stated above, this Court should deny defendant's [or plaintiff's] Motion to Compel Production of Documents.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 347 Order to Compel Production of Documents
[F.R.C.P. 34 and 37(a)]
[Title of Court and Cause]
This cause was heard on plaintiff's Motion for An Order to Compel Production pursuant to Rule 37 of the Federal Rules of Civil Procedure. It appears to the Court that the documents are in the possession, custody, or control of the defendant and that they constitute or contain evidence material to matters involved in this action, it is
ORDERED that defendant produce and permit plaintiff's attorneys to inspect and copy or photograph the following documents: [describe].
IT IS FURTHER ORDERED that the documents are to be produced at the examination before trial of [name] to be held at [address], on [date], at [time].
If plaintiff desires to photocopy any of the documents, the documents may be delivered to plaintiff's counsel for this purpose and promptly returned to defendant upon completion of the photocopying.
Dated: _______
__________
United States District Judge
RULE 35
Form 351 Stipulation for Physical Examination
[F.R.C.P. 29 and 35]
[Title of Court and Cause]
Plaintiff [name] and defendant [name] stipulate and agree, pursuant to Rules 29 and 35 of the Federal Rules of Civil Procedure as follows:
1. [Plaintiff/defendant] will appear for a [physical/mental/blood] examination at the request of [plaintiff/defendant] on [date] at [time].
2. The examination will be conducted at [location].
3. The examination will be conducted by [name].
4. The examination shall include [describe type and scope of examination and tests].
5. The examinee agrees to answer all proper questions submitted.
6. The examinee may be accompanied during the course of examination by [names of any observer], if the examinee so desires.
7. Good cause exists for the examination.
8. The costs of the examination will be borne by [plaintiff/defendant].
9. The examinee requests a copy of the examination report and [plaintiff/defendant] will supply the report and all other reports of the same condition without any further demand when the report becomes available.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 352 Motion for Physical Examination
[F.R.C.P. 35(a)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that on [date] at [time], or as soon thereafter as counsel can be heard, the undersigned will move this court at [location] for an order requiring [plaintiff] [name] to submit to a physical examination to be made by [name] or by a competent physician designated by the court for the purpose of determining the exact nature and extent of [name's] injuries, if any, and the disabilities, if any, resulting from those injuries.
The ground for this motion is that there is a controversy between the plaintiff and defendant as to the physical injuries, if any, sustained by the plaintiff, and the disability, if any, resulting from them, and that the physical examination of plaintiff is necessary in order that the defendant may be in a position to defend as to the claimed injuries of the plaintiff, as is more fully shown in the affidavit of [name], attached as Exhibit A.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 353 Order Compelling Party to Submit to Physical Examination
[F.R.C.P. 35(a)]
[Title of Court and Cause]
On motion of defendant, it is ordered that:
1. [Name], the plaintiff in the aboveentitled action, submit to a physical examination by Dr. [name] of _______, of the following nature and to the following extent:
[Specify nature and extent of examination to be made.]
2. The examination shall be conducted at [place] on [date], at [time].
3. The results of the examination shall be reported by Dr. [name] in writing in a detailed report setting out her findings and conclusions. Upon request of the plaintiff, the defendant shall deliver a copy of the report to the plaintiff.
4. The expenses of such examination shall be borne by defendant [name].
Dated: _______
__________
United States District Judge
Form 354 Request by Examined Party for Report of Findings
[F.R.C.P. 35(b)]
[Title of Court and Cause]
To: __________
Attorney for __________
[Address]
Please take notice that plaintiff [or defendant], in accordance with Rule 35(b)(1) of the Federal Rules of Civil Procedure requests the defendant [or plaintiff] to deliver to plaintiff [or defendant] a copy of the written report of Dr. _______, setting out in detail the doctor's findings and conclusions relating to the physical examination of plaintiff [or defendant] conducted pursuant to the court order dated [date].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
RULE 36
Form 361 Requests for Admission
[F.R.C.P. 36(a)]
[Title of Court and Cause]
Plaintiff [name] requests defendant [name] within _______ days after service of this request make the following admissions for the purposes of this action only and subject to all pertinent objections to admissibility which may be interposed at trial:
1. Each of the following documents, exhibited with this request, is genuine.
[List the documents and describe each document.]
2. Each of the following statements is true.
[Here list the statements.]
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 362 Motion for Extension of Time Within Which to Answer Requests for Admission
[F.R.C.P. 36(a)]
[Title of Court and Cause]
The defendant [name] states that the Requests for Admission under Rule 36 of the Federal Rules of Civil Procedure did not reach or come to the attention of the defendant's attorney, [name], until [date], since which time defendant's attorney has been engaged continuously in the trial of cases in the United States District Court for the _______ District of _______, with the exception of [dates], and has not had sufficient opportunity to ascertain the information with which to answer the Request for Admissions under Rule 36 of the Federal Rules of Civil Procedure.
Wherefore, the defendant [name] moves the court to allow it additional time, through [date], within which to answer or object to plaintiff's Requests for Admission.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 363 Order Extending Time Within Which to Answer Requests for Admission
[F.R.C.P. 36(a)]
[Title of Court and Cause]
This cause was heard on the motion of the plaintiff [or defendant] for additional time, through [date], within which to answer the defendant's [or plaintiff's] Requests for Admission and the motion having been considered by the Court,
IT IS ORDERED that plaintiff's [or defendant's] motion be and is hereby granted and defendant [or plaintiff] is hereby allowed through [date], within which to answer the defendant's [or plaintiff's] Requests for Admission.
Dated: _______
__________
United States District Judge
Form 364 Response to Requests for Admission
[Rule 36(a)]
[Title of Court and Cause]
Defendants, by their attorneys of record, hereby respond to plaintiff's Requests for Admission served on them by plaintiff as follows:
REQUEST NO. 1:
Each of the following documents, exhibited with this request is genuine.
RESPONSE NO. 1:
Admit.
REQUEST NO. 2:
Each of the following statements is true: [list statements]:
RESPONSE NO. 2:
Defendants cannot truthfully admit or deny these statements for the reason that, although defendants have made reasonably inquiry, defendants have been unable to locate the source or verify the accuracy of the statements and, therefore, the information known to them is insufficient to admit or deny the request.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 365 Motion for Order That Matter Is Admitted on Grounds of Insufficiency of Answer or Objection
[F.R.C.P. 36(a)]
[Title of Court and Cause]
Defendant moves the court for an order that the answer of plaintiff to defendant's request for admission, as set forth below, does not comply with the requirements of Rule 36(a) of the Federal Rules of Civil Procedure, and that the facts as set forth below in defendant's request for admission be deemed admitted, and for an award of expenses in this matter pursuant to Rule 37(c)(2) of the Federal Rules of Civil Procedure.
The grounds for this motion are as follows:
1. Defendant served on plaintiff on [date], a request for admission of the following facts: [include specific request for admission].
2. Plaintiff served on defendant on [date], a response to the request for admission as follows: [include plaintiff's response].
3. Plaintiff's response does not contain a specific answer to defendants request for admission and does not comply with the requirements of Rule 36(a) of the Federal Rules of Civil Procedure, nor does it state any objection to defendant's request for admission.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 366 Motion for Leave to Amend or Withdraw Response to Request for Admission
[F.R.C.P. 36(b)]
[Title of Court and Cause]
Defendant [name] moves the court for an order for leave to make the following amended responses to the requests for admission served by plaintiff upon defendant on [date], and answered by defendant by service of responses on [date]: [include the letter or number of plaintiff's requests and the amended responses] [or moves the court for leave to withdraw the following responses, etc.].
This motion is made on the ground that [include grounds for motion], all of which more fully appears from the affidavit or declaration of defendant attached as Exhibit A.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
RULE 37
Form 371 Motion to Compel Party to Answer Question at Deposition Upon Oral Examination
[F.R.C.P. 37(a)]
[Title of Court and Cause]
Plaintiff [name] moves the court for an order requiring defendant [name] to answer an oral question propounded to the defendant during the course of the examination upon taking of the defendant's deposition before an officer authorized by law to administer oaths at [place], on [date], at [time].
The question the defendant refused to answer more fully appears from the affidavit of [name] and the certificate of the officer [name], attached as Exhibit A and Exhibit B, respectively. Plaintiff respectfully asks for an order compelling the defendant to answer this question.
The undersigned certifies that the undersigned has in good faith attempted to confer with the [party's] attorney in an unsuccessful effort to secure the requested information without court action.
Plaintiff further moves for an award of reasonable expenses and attorney fees incurred in this matter.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 372 Certificate of Officer Upon Failure of Deponent to Answer Question at Deposition
[F.R.C.P. 37(a)]
[Title of Court and Cause]
I, [name], a notary public, before whom the deposition of [name] was taken in the aboveentitled cause on behalf of the plaintiff [or defendant], certify that [name] was duly sworn by me and was examined by attorney for plaintiff [or defendant], and that in the course of that examination, attorney for plaintiff [or defendant] asked the witness the following question: [quote].
On the advice of counsel for the defendant [or plaintiff], the witness failed to answer the question and the further taking of the deposition was discontinued.
Dated: _______
__________
Title: __________
Form 373 Order Compelling Party to Answer Deposition Questions
[F.R.C.P. 37(a)]
[Title of Court and Cause]
This matter was heard by the court on the motion of the plaintiff [or defendant] for an order compelling defendant [or plaintiff] to answer certain questions propounded to him/her at the taking of his/her deposition upon oral examination on [date], and it appearing that the questions propounded are relevant to the subject matter of the action and should be answered,
IT IS ORDERED that [name] appear before the officer taking the deposition of [name], at such time and place as the plaintiff [or defendant] shall designate on _______ days' notice, and then and there answer under oath the following questions:
1.
2.
And it further appearing to the court that the refusal of defendant [or plaintiff] to answer the questions when first propounded to her was without substantial justification,
IT IS FURTHER ORDERED that defendant [or plaintiff] pay the plaintiff [or defendant] the sum of $_______ as reasonable expenses in obtaining this order and $_______ as reasonable attorney fees.
IT IS FURTHER ORDERED that a copy of this order certified to be a true copy, be served on defendant [or defendant] personally within ____ days from the date of this order.
Dated: _______
__________
United States District Judge
Form 374 Motion to Compel Answers to Interrogatories
[F.R.C.P. 37(a)]
[Title of Court and Cause]
Defendant [name] moves the court as follows:
1. On [date], the defendant, after commencement of the aboveentitled action, served on the plaintiff ten interrogatories in writing pursuant to Rule 33 of the Federal Rules of Civil Procedure, which interrogatories are attached to this motion.
2. Plaintiff answered interrogatories 1, 2, 3, 4 5, and 10, but did not answer such interrogatories under oath as required by Rule 33 of the Federal Rules of Civil Procedure.
3. Plaintiff failed to answer interrogatories Nos. 6, 7, 8, and 9.
4. The undersigned certifies that the undersigned has in good faith attempted to confer with the [party's] attorney in an unsuccessful effort to secure the requested information without court action.
Wherefore, defendant moves that this court enter an order directing and requiring plaintiff to answer all of these interrogatories under oath.
Defendant further moves the court for an order awarding defendant the reasonable expenses, including attorney fees incurred on this motion.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 375 Order to Compel Answers to Interrogatories
[F.R.C.P. 37(a)]
[Title of Court and Cause]
This cause was heard on plaintiff's [or defendant's] motion to compel defendant [or plaintiff] to answer interrogatories served by defendant, and upon due consideration it is
ORDERED that plaintiff [or defendant] shall answer interrogatories numbers ___, ___, ___, ___, and ___ under oath, and it is
FURTHER ORDERED that the plaintiff [or defendant] shall answer under oath interrogatory number ___ except insofar as this interrogatory asks the plaintiff to state [describe].
IT IS FURTHER ORDERED that plaintiff [or defendant] pay the defendant [or plaintiff] the sum of $_______ as reasonable expenses in obtaining this order and $_______ as reasonable attorney fees.
Dated: _______
__________
United States District Judge
Form 376 Motion for Contempt
[F.R.C.P. 37(b)]
[Title of Court and Cause]
The defendant [or plaintiff] in the aboveentitled cause moves the court for an order against plaintiff [or defendant] [name], for contempt of this court upon the ground set forth in the attached affidavit of [name].
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 377 Motion for Default Judgment Against Defendant for Failure to Comply With Order for Production of Documents
[F.R.C.P. 37(b)]
[Title of Court and Cause]
Plaintiff moves the court that judgment be rendered in favor of plaintiff and against defendant by default, as provided for by Rule 37(b) of the Federal Rules of Civil Procedure, for failure of defendant to comply with the order of this court entered on [date], requiring defendant to produce certain enumerated books and writings for inspection by plaintiff.
The undersigned certifies that the undersigned has in good faith attempted to confer with the [party's] attorney in an unsuccessful effort to secure the requested information without court action.
The attached affidavit of [name] will be relied upon in support of this motion.
Dated: _______
__________
Attorney for Plaintiff
[Address]
[Telephone No.]
Form 378 Motion for Dismissal of Action for Plaintiff's Failure to Comply With Order for Production of Documents
[F.R.C.P. 37(b)]
[Title of Court and Cause]
Defendant moves the court that the aboveentitled action against defendant be dismissed as provided for by Rule 37(b) of the Federal Rules of Civil Procedure, for failure of plaintiff to comply with the order of this court entered on [date], requiring plaintiff to produce certain enumerated books and writings for inspection by defendant.
The undersigned certifies that the undersigned has in good faith attempted to confer with the [party's] attorney in an unsuccessful effort to secure the requested information without court action.
The attached affidavit of [name] will be relied upon in support of this motion.
Dated: _______
__________
Attorney for Defendant
[Address]
[Telephone No.]
Form 379 Order for Default Judgment or Dismissal of Action for Failure to Comply with Order for Production of Documents
[F.R.C.P. 37(b)]
[Title of Court and Cause]
On the motion of plaintiff for a default judgment [or upon the motion of defendant for an order dismissing the action], for failure of defendant [or plaintiff] to comply with the order of [date], granting plaintiff [or defendant] leave to examine certain documents pertinent to the issues in this action and in the possession of defendant [or plaintiff], it is
ORDERED that pursuant to Rule 37(b)(2) of the Federal Rules of Civil Procedure that judgment be entered for the plaintiff for such damages as the plaintiff has sustained as alleged in the complaint [or that the action be dismissed, or that the plaintiff [or defendant] be forbidden to support or oppose the plaintiff's claim [or defendant's defense, or is forbidden to introduce in evidence the above described documents]].
Dated: _______
__________
United States District Judge
Form 3710 Motion that Facts Be Taken as Established for Failing to Answer Questions at Deposition
[F.R.C.P. 37(b)]
[Title of Court and Cause]
Plaintiff [or defendant] moves the Court for an order that the following facts shall be taken as established for purposes of this action:
[Number and state facts related to unanswered questions.]
On date, an order as entered by this court directing that defendant [or plaintiff] answer certain questions at the taking of his/her deposition, all of which more fully appears from a copy of the order attached as Exhibit A. Defendant [or plaintiff] has refused and continues to refuse to comply with the order and to answer questions as directed by the order. Plaintiff [or defendant] is prejudiced in the preparation of his/her case and cannot prepare his/her case adequately unless the order directing defendant [or plaintiff] to answer is obeyed, all of which appears more fully in the attached affidavit [or declaration] attached as Exhibit B.
The undersigned certifies that the undersigned has in good faith attempted to confer with the [party's] attorney in an unsuccessful effort to secure the requested information without court action.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 3711 Motion for Order Refusing to Allow Defendant to Support or Oppose Designated Claims or Defenses
[F.R.C.P. 37(b)]
[Title of Court and Cause]
Plaintiff moves the court for an order refusing to allow defendant to support the defense of [describe] alleged in the answer of defendant and prohibiting defendant from introducing evidence about [describe].
On [date], an order was entered in this cause directing the defendant to answer interrogatories ___, ___, ___, ___, and ___ served upon defendant on [date] as more fully appears from a copy of the order attached as Exhibit A. Defendant has refused to comply with this order. Plaintiff cannot prepare properly, or at all, on the issue of [describe] unless the order directing defendant to answer the interrogatories is obeyed, all of which appears more fully in the attached affidavit marked Exhibit B.
The undersigned certifies that the undersigned has in good faith attempted to confer with the defendant's attorney in an unsuccessful effort to secure the answers to the interrogatories without court action.
Dated: _______
__________
Attorney for Plaintiff
[Address]
[Telephone No.]
Form 3712 Motion for Award of Expenses Incurred to Prove Matter Opponent Failed to Admit Under Rule 36
[F.R.C.P. 37(c)]
[Title of Court and Cause]
Defendant moves the court for an order requiring plaintiff to pay the defendant the reasonable expenses incurred in making proof, at the trial of the aboveentitled action, of the matters of substantial importance listed below on the following grounds:
1. On [date], defendant served upon plaintiff and filed a request for admission of the following facts [number and list requests] [or for the admission of the genuineness of the following documents and here list such requests].
2. In response to plaintiff's request for admissions, defendant served a response upon plaintiff on [date], in which plaintiff denied the following facts [list the fact statements denied] [or in which plaintiff denied the genuineness of the following documents and here list the documents as in the request].
3. At the trial of the aboveentitled action, defendant proved the truth of the facts so denied by the plaintiff by poor of the genuineness of the documents by the following evidence [describe], which evidence was not controverted by the plaintiff.
The reasonable expenses incurred in the proof of the abovedescribed facts were $_______, as more fully appears by the attached affidavit.
Dated: _______
__________
Attorney for __________
[Address]
[Telephone No.]
Form 3713 Order on Refusal of Party to Submit to Physical Examination
[F.R.C.P. 37(b)]
[Title of Court and Cause]
This matter was heard, and it appearing that the plaintiff has failed to obey the order of this court dated [date] requiring plaintiff to submit to a physical examination as to the injuries for which she seeks to recover in this action and for good cause shown;
IT IS ORDERED that all further proceedings in this action be stayed until the order of this Court dated [date] be complied with, and that if the plaintiff shall not comply with it before [date] that action be dismissed [or that the plaintiff be prohibited from introducing any evidence of her physical condition at the trial of this action, or that the physical condition of the plaintiff shall be taken to be established in accordance with the claim of the defendant that the plaintiff sustained no permanent injuries].
Dated: _______
__________
United States District Judge
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